Federal Register / Vol. 68, No.

119 / Friday, June 20, 2003 / Notices
DEPARTMENT OF LABOR Employment and Training Administration
[TA–W–51,207]

37025

General Electric Co., Industrial Systems, Mebane, North Carolina; Notice of Negative Determination Regarding Application for Reconsideration By application of April 30, 2003, a petitioner requested administrative reconsideration of the Department’s negative determination regarding eligibility to apply for Trade Adjustment Assistance (TAA), applicable to workers and former workers of the subject firm. The denial notice was signed on March 26, 2003, and published in the Federal Register on April 7, 2003 (68 FR 16834). Pursuant to 29 CFR 90.18(c) reconsideration may be granted under the following circumstances: (1) If it appears on the basis of facts not previously considered that the determination complained of was erroneous; (2) if it appears that the determination complained of was based on a mistake in the determination of facts not previously considered; or (3) if in the opinion of the Certifying Officer, a misinterpretation of facts or of the law justified reconsideration of the decision. The petition for the workers of General Electric Company, Industrial Systems, Mebane, North Carolina was denied because the ‘‘contributed importantly’’ group eligibility requirement of section 222(3) of the Trade Act of 1974, as amended, was not met. The ‘‘contributed importantly’’ test is generally demonstrated through a survey of customers of the workers’ firm. The survey revealed that none of the respondents increased their purchases of motor control centers, limit amps, switchboards and power panels. The company did not import motor control centers, limit amps, switchboards and power panels in the relevant period, nor did it shift production to a foreign source in the relevant period. The petitioner asserts that the company official who filled out the data request for the initial investigation provided incorrect answers to the Department of Labor. Specifically, it was alleged that the company was moving ‘‘half a production line’’ to another company and that the company is importing products like or directly competitive with those produced at the subject facility.

Two company officials were contacted in regard to these allegations. Further investigation revealed that the company will be shifting a part of its motor control centers in the summer of 2003; however, no shift occurred in the relevant period. In addition, it was confirmed that the company does not import any products that are like or directly competitive with those produced at the subject firm. Conclusion After review of the application and investigative findings, I conclude that there has been no error or misinterpretation of the law or of the facts which would justify reconsideration of the Department of Labor’s prior decision. Accordingly, the application is denied.
Signed at Washington, DC, this 6th day of June, 2003. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. 03–15622 Filed 6–19–03; 8:45 am]
BILLING CODE 4510–30–M

DEPARTMENT OF LABOR Employment Standards Administration; Wage and Hour Division Minimum Wages for Federal and Federally Assisted Construction; General Wage Determination Decisions General wage determination decisions of the Secretary of Labor are issued in accordance with applicable law and are based on the information obtained by the Department of Labor from its study of local wage conditions and data made available from other sources. They specify the basic hourly wage rates and fringe benefits which are determined to be prevailing for the described classes of laborers and mechanics employed on construction projects of a similar character and in the localities specified therein. The determinations in these decisions of prevailing rates and fringe benefits have been made in accordance with 29 CFR part 1, by authority of the Secretary of Labor pursuant to the provisions of the Davis-Bacon Act of March 3, 1931, as amended (46 Stat. 1494, as amended, 40 U.S.C. 276a) and of other Federal statutes referred to in 29 CFR part 1, Appendix, as well as such additional statutes as may from time to time be enacted containing provisions for the payment of wages determined to be prevailing by the Secretary of Labor in accordance with the Davis-Bacon Act.

The prevailing rates and fringe benefits determined in these decisions shall, in accordance with the provisions of the foregoing statutes, constitute the minimum wages payable on Federal and federally assisted construction projects to laborers and mechanics of the specified classes engaged on contract work of the character and in the localities described therein. Good cause is hereby found for not utilizing notice and public comment procedure thereon prior to the issuance of these determinations as prescribed in 5 U.S.C. 553 and not providing for delay in the effective date as prescribed in that section, because the necessity to issue current construction industry wage determinations frequently and in large volume causes procedures to be impractical and contrary to the public interest. General wage determination decisions, and modifications and supersedeas decisions thereto, contain no expiration dates and are effective from their date of notice in the Federal Register, or on the date written notice is received by the agency, whichever is earlier. These decisions are to be used in accordance with the provisions of 29 CFR parts 1 and 5. Accordingly, the applicable decision, together with any modifications issued, must be made a part of every contract for performance of the described work within the geographic area indicated as required by an applicable Federal prevailing wage law and 29 CFR part 5. The wage rates and fringe benefits, notice of which is published herein, and which are contained in the Government Printing Office (GPO) document entitled ‘‘General Wage Determinations Issued Under The Davis-Bacon And Related Acts,’’ shall be the minimum paid by contractors and subcontractors to laborers and mechanics. Any person, organization, or government agency having an interest in the rates determined as prevailing is encouraged to submit wage rate and fringe benefit information for consideration by the Department. Further information and selfexplanatory forms for the purpose of submitting this data may be obtained by writing to the U.S. Department of Labor, Employment Standards Administration, Wage and Hour Division, Division of Wage Determinations, 200 Constitution Avenue, NW., Room S–3014, Washington, DC 20210. Modification to General Wage Determination Decisions The number of the decisions listed to the Government Printing Office document entitled ‘‘General Wage

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37026

Federal Register / Vol. 68, No. 119 / Friday, June 20, 2003 / Notices
(issued in January or February) which includes all current general wage determinations for the States covered by each volume. Throughout the remainder of the year, regular weekly updates will be distributed to subscribers.
Signed in Washington, DC this 11 day of June, 2003. Carl Poleskey, Chief, Branch of Construction Wage Determinations. [FR Doc. 03–15240 Filed 6–19–03; 8:45 am]
BILLING CODE 4510–27–M

Determinations Issued Under the DavisBacon and related Acts’’ being modified are listed by Volume and State. Dates of publication in the Federal Register are in parentheses following the decisions being modified.
Volume I None Volume II None Volume III None Volume IV None Volume V None Volume VI None Volume VII None

DEPARTMENT OF LABOR Occupational Safety and Health Administration
[Docket No. NRTL1–89]

Intertek Testing Services NA, Inc.; Application for Expansion of Recognition
AGENCY: Occupational Safety and Health Administration (OSHA), Labor. ACTION: Notice. SUMMARY: This notice announces the application of Intertek Testing Services NA, Inc., for expansion of its recognition as a Nationally Recognized Testing Laboratory under 29 CFR 1910.7, and presents the Agency’s preliminary finding. This preliminary finding does not constitute an interim or temporary approval of this application. In an unrelated matter, this notice also announces the voluntary withdrawal of recognition of the Intertek Testing Services NA, Inc., site located in Antioch, California. DATES: You may submit comments in response to the expansion application portion of this notice, or any request for extension of the time to comment, by (1) regular mail, (2) express or overnight delivery service, (3) hand delivery, (4) messenger service, or (5) FAX transmission (facsimile). Because of security-related problems there may be a significant delay in the receipt of comments by regular mail. Comments (or any request for extension of the time to comment) must be submitted by the following dates: Regular mail and express delivery service: Your comments must be postmarked by July 7, 2003. Hand delivery and messenger service: Your comments must be received in the OSHA Docket Office by July 7, 2003. OSHA Docket Office and Department of Labor hours of operation are 8:15 a.m. to 4:45 p.m. Facsimile and electronic transmission: Your comments must be sent by July 7, 2003.

General Wage Determination Publication General wage determinations issued under the Davis-Bacon and related Acts, including those noted above, may be found in the Government Printing Office (GPO) document entitled ‘‘General Wage determinations Issued Under the DavisBacon And Related Acts’’. This publication is available at each of the 50 Regional Government Depository Libraries and many of the 1,400 government Depository Libraries across the country. General wage determinations issued under the Davis-Bacon and related Acts are available electronically at no cost on the Government Printing Office site at www.access.gpo.gov/daisbacon. They are also available electronically by subscription to the Davis-Bacon Online Service (http:// davisbacon.fedworld.gov) of the National Technical Information Service (NTIS) of the U.S. Department of Commerce at 1–800–363–2068. This subscription offers value-added features such as electronic delivery of modified wage decisions directly to the user’s desktop, the ability to access prior wage decisions issued during the year, extensive Help desk Support, etc. Hard-copy subscriptions may be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. (202) 512–1800. When ordering hard-copy subscription(s), be sure to specify the State(s) of interest, since subscriptions may be ordered for any or all of the six separate Volumes, arranged by State. Subscriptions include an annual edition

ADDRESSES: Regular mail, express delivery, hand-delivery, and messenger service: You must submit three copies of your comments and attachments to the OSHA Docket Office, Docket NRTL1–89, Room N–2625, U.S. Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue, NW., Washington, DC 20210. Please contact the OSHA Docket Office at (202) 693–2350 for information about security procedures concerning the delivery of materials by express delivery, hand delivery and messenger service. Facsimile: If your comments, including any attachments, are 10 pages or fewer, you may fax them to the OSHA Docket Office at (202) 693–1648. You must include the docket number of this notice, Docket NRTL1–89, in your comments. Internet access to comments and submissions: OSHA will place comments and submissions in response to this notice on the OSHA Web page www.osha.gov. Accordingly, OSHA cautions you about submitting information of a personal nature (e.g., social security number, date of birth). There may be a lag time between when comments and submissions are received and when they are placed on the Web page. Please contact the OSHA Docket Office at (202) 693–2350 for information about materials not available through the OSHA Web page and for assistance in using the Web page to locate docket submissions. Comments and submissions will also be available for inspection and copying at the OSHA Docket Office at the address above. Extension of Comment Period: Submit requests for extensions concerning this notice to: Office of Technical Programs and Coordination Activities, NRTL Program, Occupational Safety and Health Administration, U.S. Department of Labor, Room N3653, 200 Constitution Avenue, NW., Washington, DC 20210. Or fax to (202) 693–1644. FOR FURTHER INFORMATION CONTACT: Sherrey Nicolas or Bernard Pasquet, Office of Technical Programs and Coordination Activities, NRTL Program, Room N3653 at the address shown immediately above for the program, or phone (202) 693–2110. SUPPLEMENTARY INFORMATION:

Notice of Application The Occupational Safety and Health Administration (OSHA) hereby gives notice that Intertek Testing Services NA, Inc. (ITSNA), has applied for expansion of its recognition as a Nationally Recognized Testing Laboratory (NRTL). ITSNA’s expansion request covers the

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